Egan appointed Village Attorney for Port Jefferson, NY

The firm is pleased to announce the expansion of our municipal law practice group with the appointment of firm partner, Brian T. Egan, Esq., as Village Attorney for the Village of Port Jefferson, NY. A link to the article announcing the appointment is here. Among his activities, Egan is Co-Chair of the Municipal Law Committee for the Suffolk County Bar Association, and serves as the Village Attorney for the Villages of Patchogue and Mastic Beach.

Egan named to Irish Echos 2013 "40 under 40"

Firm partner Brian T. Egan, Esq. was named to the Irish Echo's 2013 "40 under 40" of national rising stars of Irish Americans. Egan was selected for his experience in commercial litigation and municipal law, as well as his leadership as a past President of the Brehon Society of Suffolk County, which is an organization of Irish American judges and lawyers.

Firm Wins Challenge to Historic District Denials

In a decision that will have implications for historic districts across Long Island, the New York Supreme Court reversed decisions by the Village of Bellport's Zoning Board of Appeals and Historic Preservation Commission which barred the use of synthetic Hardi-Board siding on homes within one of its designated historic districts. Egan & Golden represented a homeowner who had twice been denied a Certificate of Appropriateness by the Bellport Historic Preservation Commission (HPC) and the Zoning Board of Appeals (ZBA). The homeowner, residing in Bellport's famed Jacob Bell House, sought permission to install Hardi-Board siding on the exterior of his home. Brian T. Egan and associate Christopher Bianco commenced an Article 78 proceeding on behalf of the homeowner arguing that the language of the Historic District's regulations expressly permitted synthetic siding materials so long as they conformed to the visual and architectural character of the historic district. The firm compiled substantial research showing that Hardi-Board, a cementitious siding product, is not only more energy efficient and cheaper to install and maintain, but also bears a close resemblance to the wood clapboard that decorated the colonial homes of the 19th century. Justice Mayer of the Supreme Court, Suffolk County agreed with the firm's analysis of both Hardi-Board siding and Bellport's historic district regulations and ultimately reversed the HPC and ZBA's determinations. A copy of Justice Mayer's decision and order can be found here.


The use of Hardi-Board on historically designated structures has been a hotly contested issue in preservation districts across the country. This case is the first of its kind on Long Island and Justice Mayer's decision here may guide courts and preservation districts in New York and across the country when determining the appropriate use of modern materials on historic structures.

Egan appointed Village Attorney for Mastic Beach

The cover story in today's Long Island Advance breaks the news of firm partner Brian T. Egan, Esq. being appointed by the Mayor, and unanimously confirmed by the Board of Trustees, as the new Village Attorney for Mastic Beach Village. He also serves as the Village Attorney for Patchogue Village. Egan currently serves as Chairman of the Municipal Law Committee for the Suffolk County Bar Association.

HIPAA Audits Coming Soon to a Practice Near You!

The U.S. Department of Health and Human Services’ Office of Civil Rights (OCR), which is the main enforcer of HIPAA data privacy and security laws, recently released its HIPAA privacy and security audit protocols. The OCR HIPAA Audit program analyzes processes, controls, and policies of selected covered entities pursuant to the HITECH Act audit mandate. There are three main areas of HIPAA security and privacy that are covered:


• First, the audit protocol covers Privacy Rule requirements for (1) notice of privacy practices for Protected Health Information (PHI), (2) rights to request privacy protection for PHI, (3) access of individuals to PHI, (4) administrative requirements, (5) uses and disclosures of PHI, (6) amendment of PHI, and (7) accounting of disclosures.

• Second, the audit protocol covers Security Rule requirements for administrative, physical, and technical safeguards

• Third, the audit protocol covers requirements for the Breach Notification Rule.

**A full list of 165 performance criteria can be found here.

During the 2012 annual meeting of the American Health Lawyers Association, Senior OCR Advisor David Mayer, while speaking about the new protocols, announced that the OCR plans to continue its audit program in 2013 and 2014 and has been allocated the funding to do so. He stated that all covered entities, particularly small providers who historically have constituted a high proportion of HIPAA violations, should take the opportunity to use the audit protocols as a guide to draft or revamp their HIPAA compliance policies and procedures as well as to devise a plan of action to respond to audits in an organized and comprehensive manner.

The attorneys at the law firm of Egan & Golden, LLP can assist you with any questions regarding HIPAA compliance or HIPAA audit response plans.

NOTABLE RECENT HIPAA SETTLEMENTS:

Phoenix Cardiac Surgery, P.C. has agreed to pay a $100,000 fine and implement a corrective action plan under a Resolution Agreement with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) after a lengthy investigation into potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules. (Full story at here.)

The Alaska Department of Health and Social Services (DHSS) has agreed to pay the U.S. Department of Health and Human Services’ (HHS) $1,700,000 to settle possible violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule. Alaska DHSS has also agreed to take corrective action to properly safeguard the electronic protected health information (ePHI) of their Medicaid beneficiaries. (Fully story at here)

Blue Cross Blue Shield of Tennessee (BCBST) has agreed to pay the U.S. Department of Health and Human Services (HHS) $1,500,000 to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, Leon Rodriguez, Director of the HHS Office for Civil Rights (OCR), announced today. BCBST has also agreed to a corrective action plan to address gaps in its HIPAA compliance program. The enforcement action is the first resulting from a breach report required by the Health Information Technology for Economic and Clinical Health (HITECH) Act Breach Notification Rule. (Full story at here)

Moody's Raises Patchogue Village's Bond Rating

Our firm congratulates the Mayor and Patchogue Village Board on this milestone bond rating increase. Following a crowded three way race, Mayor Pontieri  was elected to a historic third term by an overwhelming margin. Firm partner Brian T. Egan, Esq. serves as the Village Attorney, and was reappointed to a second term on the re-election of Mayor Pontieri. The Long island Business News story is here

Egan & Golden Successfully Defends Village in Suit Seeking Shutdown of $100 Million Development Project

Egan & Golden, LLP successfully defended the Village of Patchogue and its Board of Trustees in a suit seeking to overturn a recently approved local law creating a Downtown Redevelopment District. Plaintiffs, a small group of residents and business owners, also challenged a site plan, submitted by Downtown Patchogue Redevelopers, LLC, that calls for the construction of the “New Village at Patchogue,” a 291-unit apartment and retail space complex in Patchogue’s bustling Main Street area.


The Supreme Court decision found that Plaintiff’s allegations of illegality and procedural impropriety were “devoid of pleaded facts to support their vague and conclusory constitutional claims.” The Court further held that the “local law itself reflects that the decision to create a downtown redevelopment district was based on a comprehensive plan for the revitalization of the downtown area, and accordingly was not intended to single out Downtown’s property to the detriment of other property owners.” Firm partner Brian T. Egan was asissted by associate Christopher Bianco in the defense of the case.

The dismissal ends nearly two years of political wrangling over the site of the long-abandoned Swezey’s Department Store. With the Court’s dismissal of Plaintiffs’ claims, the Tritec Real Estate Company can go forward with construction of the $100 million development. The New Village at Patchogue is the latest project in the Village’s long-term redevelopment plan which has revitalized the downtown area and fostered a budding local arts scene.

In celebration of a FIRST in Suffolk County

Photo credit: Ed Betz/Newsday

You don't get many opportunities to celebrate a "first". Rarer still are American "firsts", that are often relegated to dusty history books or ancient memories. That is why the firm was delighted to participate in the celebration of the trailblazing career of retired NY Supreme Court Justice Marquette Floyd. Justice Floyd was Suffolk County's first black judge, and a decade after his retirement, remains the county's sole black justice. The firm joined members of the bench, bar and community on Friday to celebrate the unveiling of Justice Floyd's official portrait. Firm partner Brian T. Egan, Esq. remarked, "As a young lawyer, Justice Floyd was an example to me of performing your duties as a lawyer with respect and decorum. He also inspired me that every problem has a solution, if the parties were willing to work hard together to find that solution." Egan & Golden salutes Justice Floyd on this momentous occasion.

Egan Judges Yale Trial Competition

Yale University School of Law, Wall Street, New Haven CT

Firm partner Brian T. Egan, Esq. was invited by the Yale Mock Trial Association to serve as a judge at the 2012 American Mock Trial Association (AMTA) Regional Tournament held on February 11 and February 12 at Yale University, in New Haven, CT. The tournament is a highly competitive event, drawing teams from some of the best schools in the nation, including teams from the Ivy League. The top placing teams will earn bids to compete at the AMTA National Tournaments and, most importantly, the National Championship Tournament. The tournament judges are selected from experienced trial attorneys and sitting judges. This was Egan’s second stint as a judge at the tournament, this time serving as the Presiding Judge in both rounds. “It was an excellent experience to again serve as a judge at Yale, and the caliber of the students’ preparation and trial work was very high” said Egan. Egan is a partner in the law firm of Egan & Golden, LLP, with offices in Patchogue and Wainscott, NY 

Firm represents LI bank in complex financing transaction

Egan & Golden LLP represented a prominent Long Island  financial institution in the closing and purchase of a large municipal financing portfolio. The complex transaction involved the negotiation, structure and closing of the acquisition of a $5 million mortgage, which is secured by over 58 acres of land, and the assignment of an Installment Land Purchase Agreement. Justine Tocci, Esq. represented the client in the transaction. Egan & Golden LLP has extensive experience in representing corporations and financial institutions in all aspects of complex corporate and financial transactions.

Major Victory in Complex Construction Litigation

In a complex multi-party construction litigation, Egan & Golden’s litigation team obtained summary judgment for claims of breach of contract and successfully defeated all counterclaims against its client, J. Tortorella Swimming Pools, Inc. The Court awarded the full amount of the client's claim as well as a full recovery of attorneys fees.  The Court’s decision ended four years of litigation concerning a major renovation project in the Hamptons undertaken by the firm's client. Firm partner Brian T. Egan, and associates Justine Tocci and Christopher Bianco, successfully argued that the firm's client complied with the terms of its agreement and was not responsible for subsequent changes made to the construction plans. The decision can be found here (J. TORTORELLA SWIMMING POOLS vs. GANS, JIL & BERNARD, Index No. 012662-2007, Suffolk County, Supreme Court).

Vincent Candurra, Esq. Hired As New Associate

Egan & Golden, LLP is pleased to announces that Vincent A. Candurra, Esq. has joined the firm in the Family Law and Health Law practices. Mr. Candurra was graduated with a Bachelor of Science degree in Mathematics from Stony Brook University. He earned his Juris Doctor degree from St. John's University School of Law. During law school Mr. Candurra was the recipient of multiple CALI® Awards for academic excellence in the areas of Oral Arguments and Advanced Real Estate Transactions. He also interned with the Town of Brookhaven Law Department, where he prepared legal memoranda, attended trials and conducted pre-trial conferences with residents regarding various town code violations.


Mr. Candurra has spent the last seven years working in the Medical Management and Billing field where he was an Operations Manager. He worked for practices ranging from solo practitioners to large groups of twenty-five and more doctors. His functions included setting up practice management and implementing EHR software, credentialing, contract negotiation, refund requests and auditing of medical charts.

Firm continues string of victories for father of child

Egan & Golden, LLP associate, Erin B. Kowtna, successfully completed the last act of litigation in the case of Scala v. Evanson. In this most recent matter, Ms. Kowtna obtained an order of the New York Supreme Court, (Jones, J) after a hearing, authorizing the name change of the parties' child to the father's last name, Scala, where the parties had never married, and the six-year old child had previously gone only by the mother's last name, Evanson. Last November, the Appellate Division, Second Department unanimously affirmed the Family Court's order of a change of custody, granting sole custody to the father and supervised-only visitation to the mother, after a 31-day trial, in which the mother had made numerous false allegations of abuse against the father. A link to the Order is here. The father was represented by Karen Golden and Erin B. Kowtna.

Firm Represents Lender in Complex Commercial Finance Hospital Deal

Egan & Golden, LLP represented a private equity group in the complex structuring and financing of a multi-building hospital/medical complex on 3.479 acres located at 1930 South Broad Street in Philadelphia, Pennsylvania.The property, formerly the St. Agnes Continuing Care Center, will be converted to a mixed-use facility. Major tenants include CHOP, Thomas Jefferson Hospital, Kindred, and Mercy Health. Originally built in 1920 with restoration and new construction occurring in 1968 and 1984, the current facility houses over 404,847 sq. ft. of gross floor area. The complex consists of four interconnected building sections forming the medical center with an adjoining five-level parking garage and a one-story powerhouse building.

Firm successfully defeats HOA's motion for summary judgment on "bad faith"

In Shinnecock Shores Association, Inc. v. Kivel, (Suffolk County, Supreme Court) Egan & Golden defended the homeowners against a lawsuit brought by their homeowner association to prevent construction of a small addition to their home.  Shinnecock Shores HOA argued that the renovation violated the setback requirements of the Association’s “Covenants and Restrictions,” which are the rules that homeowners in the development are bound to follow.  Firm partner Brian T. Egan and associate Christopher Bianco successfully argued that there were material questions regarding the HOA's procedures, enforcement, and whether the Association acted in bad faith when it decided to block construction of the extension. A copy of the Court's decision is here. Such wins are rare in New York where Courts typically give wide latitude to the decisions and authority of  homeowner association board of directors.

Firm Lawyers Attend Federal Bar Council Reception

Firm partner Brian T. Egan, Senior Counsel Eugene L. Wishod, and Associate Christopher Bianco attended a reception hosted by the Federal Bar Council at the Alfonse M. D’Amato U.S. Courthouse in Central Islip to honor retired U.S. Magistrate Judge Michael L. Orenstein for his dedicated service to the Court.  Over 85 members of the bench and bar attended the event, including 18 judges and three family members.  All enjoyed the heartfelt remarks shared by Judge Orenstein.  Wishod is a member of the Council’s Central Islip U.S. Courthouse Committee which organizes the reception every year. 

Pictured below is photograph at the event (L - R, Bianco, Egan, Wishod).



Egan & Golden, LLP at Federal Bar Council Central Islip Federal Courthouse Reception (L to R, C Bianco, B Egan, E Wishod)



Egan appointed to Judicial Screening Committee

The Suffolk County Bar Association announced new appointments to the Bar's Judicial Screening Committee. Brian T. Egan, Partner at Egan & Golden, LLP, has been named to the Judicial Screening Committee that will review candidates for the election or appointment to judicial office. 

The screening committee reviews and considers the qualifications of candidates for District Attorney of Suffolk County, Justice of the Supreme Court, Judge of the County Court, Surrogate of Suffolk County, Judge of the Family Court, Judge of the District Court and Justices of the Town and Village Courts within Suffolk County.

Mr. Egan practices in the fields of litigation, municipal law and commercial law. He currently serves as the Village Attorney for the Incorporated Village of Patchogue and is active in civic affairs.

Golden, Wishod named “Long Island’s 2011 Top Legal Eagles”

Egan & Golden, LLP partner Karen Golden, Esq. and senior counsel Eugene L. Wishod, Esq. were both named by Long Island Pulse magazine as “Long Island’s 2011 Top Legal Eagles”. The ratings are driven by the confidential opinions of lawyers and members of the judiciary. Golden was named in the Litigation category. Wishod was named in the Civil, Criminal and Commercial Litigation category. Egan & Golden, LLP, with offices in Patchogue and Wainscott, NY is a full service law firm that represents corporations and individuals throughout the Long Island and metropolitan area.

Firm Hires New Associate

Egan & Golden, LLP is pleased to announce the hiring of Christiopher A. Bianco, as an associate in its litigation group.

Mr. Bianco, received his B.A., cum laude, in Political Science and Economics from the University of Notre Dame. He received his law degree from New York University School of Law, where he was an executive editor for the Journal of Law and Liberty.

During law school he interned with United States District Court Judge Joseph F. Bianco of the Eastern District of New York. Christopher assisted the court and judicial clerks in legal research. He also completed a summer associate program with a prominent New York City law firm, Winston & Strawn, where he worked on a variety of complex litigation cases.

Mr. Bianco is admitted to the bar of the State of New York. He is a member of the New York State and Suffolk County Bar Associations.

Egan Sworn In to US Supreme Court Bar

Washington, DC – On Monday, in a ceremony in the historic courtroom of the United States Supreme Court, Patchogue lawyer Brian T. Egan, Esq. was sworn in as a member of the bar for the highest court in the nation. Chief Justice John G. Roberts, Jr. presided over the panel, which included seven of the nine sitting Justices. To qualify for admission to the Bar of the Supreme Court, an applicant must have been admitted to practice in the highest court of their home state for a period of at least three years immediately before the date of application, can not have been the subject of any adverse disciplinary action and must appear to the Court to be of good moral and professional character. Applicants also must be sponsored by two members of the Supreme Court bar who endorse the correctness of the applicant’s statement and affirm that the applicant possesses all the qualifications required for admission, and affirming that the applicant is of good moral and professional character.

Mr. Egan is a partner in the law firm of Egan & Golden, LLP, with offices in Patchogue and East Hampton, NY. Mr. Egan concentrates his practice in the fields of commercial litigation and municipal law.